Florida construction lien law, governed by Florida Statutes Chapter 713, provides contractors, subcontractors, laborers, and material suppliers with important legal rights to secure payment for labor, services, and materials furnished to improve real property. Because Chapter 713 imposes strict procedural requirements and deadlines, failure to comply can result in the complete loss of lien rights.
What Is a Construction Lien?
A construction lien, often referred to as a mechanic’s lien, is a statutory claim against real property for unpaid construction-related work or materials. Liens may be asserted by general contractors, subcontractors, sub-subcontractors, laborers, architects, engineers, and material suppliers.
Once properly recorded, a lien can encumber title to the property and may ultimately be enforced through a foreclosure action.
Important Deadlines Under Florida Chapter 713
1. Notice to Owner (“NTO”) — 45 Days
A subcontractor or supplier who does not have a direct contract with the property owner must generally serve a Notice to Owner within 45 days of first furnishing labor, services, or materials to the project. Failure to timely serve the Notice to Owner may invalidate lien rights.
The Notice to Owner informs the property owner that the sender is contributing to the project and may assert lien rights if unpaid.
2. Recording the Claim of Lien — 90 Days
A Claim of Lien must be recorded in the public records no later than 90 days after the lienor’s final furnishing of labor, services, or materials to the project.
The 90-day deadline is strictly enforced. Even minor errors regarding the last date of work can create significant legal disputes concerning lien validity.
3. Serving the Claim of Lien — 15 Days
After recording the Claim of Lien, the lienor must serve a copy of the lien on the property owner within 15 days of recording.
Although late service may not automatically invalidate the lien, failure to properly serve the owner can create enforcement complications and may affect recovery of attorney’s fees.
4. Filing a Lawsuit to Foreclose the Lien — 1 Year
A construction lien remains valid for one year from the date the Claim of Lien is recorded unless a lawsuit to foreclose the lien is filed within that time.
If no foreclosure action is timely filed, the lien automatically expires and becomes unenforceable.
5. Notice of Contest of Lien — 60 Days to Sue
A property owner may shorten the lien enforcement period by recording a Notice of Contest of Lien. Once served, the lienor has only 60 days to file a foreclosure lawsuit or the lien is extinguished by operation of law.
This procedure is frequently used by owners seeking to remove stale or disputed liens from title.
Strict Compliance Is Essential
Florida courts routinely hold that construction lien rights exist only by statute and therefore require strict compliance with Chapter 713. Technical defects, missed deadlines, improper service, or inaccurate lien documents can invalidate an otherwise legitimate claim.
Likewise, property owners facing improper, exaggerated, or fraudulent liens may have statutory defenses and remedies available under Florida law.
Legal Representation in Construction Lien Matters
Construction lien disputes often involve complex issues concerning contract interpretation, payment applications, notices, waivers, bond transfers, and foreclosure procedures. Prompt legal action is frequently necessary to preserve rights and avoid costly mistakes.
Our firm represents contractors, subcontractors, suppliers, developers, and property owners in all aspects of Florida construction lien law, including lien preparation, enforcement, defense, foreclosure litigation, bond claims, and payment disputes under Chapter 713.